Acórdão nº 077138 de Supremo Tribunal Administrativo (Portugal), 06 de Junho de 1990 (caso None)
Magistrado Responsável | FERREIRA DA SILVA |
Data da Resolução | 06 de Junho de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CPC67 ART722 N2. CCIV66 ART268 N4 ART393 N3 ART442 ART471 ART473 ART808 ART857 ART859. DL 289/73 DE 1973/06/06 ART27. CONST82 ART16 N2. CCJ62 ART12 N1.
Legislação Estrangeira: DECUDH ART8.
Jurisprudência Nacional: AC TC DE 1988/03/02 IN BMJ N375 PAG109. AC TC DE 1988/03/03 IN BMJ N375 PAG178.
Sumário : I - A novação consiste na convenção pela qual as partes extinguem uma obrigação por meio da criação de uma nova obrigação em lugar dela, manifestando-se aquela intenção expressamente. II - A atitude do promitente comprador, não dando cumprimento a obrigação convencionada no contrato a pagamento de prestações - confere ao promitente-vendedor o direito de, desde logo, fazer seu o sinal, não havendo, assim, lugar para se falar em enriquecimento sem causa. III - A circunstancia de um contrato-promessa estar assinado apenas por um dos socios do promitente-vendedor, na qualidade de...
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